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(영문) 창원지방법원 통영지원 2015.04.30 2015고단191
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 18, 2009, the defendant was issued a summary order of 1.5 million won by a fine for a violation of the Road Traffic Act at the Seoul Western District Court on May 18, 2009, and on February 11, 2010, the defendant was issued a summary order of 3 million won by a fine for a violation of the Road Traffic Act.

1. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person engaging in driving a BranXG car.

On November 22, 2014, the Defendant, without obtaining a driver’s license at around 05:00, while driving the said vehicle with a blood alcohol concentration of 0.15%, and driving the said vehicle at a two-lane road in front of the Dju point located in the Gyeong-si, Gyeong-si, Chungcheongnam-si, Gyeongnam-si, at the center of the fishermen’s conference at about 30 km along one lane, while neglecting the duty of front-time care under the influence of alcohol without a driver’s license, the Defendant, while driving the said vehicle at around the right side of the Defendant, received the victim F. (27 years of age) who was parked adjacent to the Einti vehicle driver’s seat while neglecting the duty of front-time care without a driver’s license.

2. From around 05:00 on November 22, 2014, the Defendant was under the influence of alcohol at approximately 200 meters in the section of 0.155% of blood alcohol concentration on the front of the fishermen’s conference center located in the luminous drawing (e.g., e., g., e., g., e., e., e., g., e., e., e., e., e., e., e., e., e., e., e.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A report on detection of a de facto driver, a survey report, the ledger of driver's licenses, and a medical certificate;

1. Previous records of judgment: Application of criminal records, inquiry reports and investigation reports (report on attachment of the same type of judgment) Acts and subordinate statutes;

1. Article 3 (1), the proviso of Article 3 (2) 7 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts (the occupation of occupational injury and the choice of imprisonment without prison labor);

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